Author Topic: Swansea, code 02J Loading restrictions, St Helens Road  (Read 776 times)

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Swansea, code 02J Loading restrictions, St Helens Road
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Hello all,

I am posting here due to the Pepipoo forum closing.



Original thread: http://forums.pepipoo.com/index.php?showtopic=151012










Google Streetview link



Many thanks

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Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #1 on: »
If that is all of the PCN then it fails to notify you of your right to view the video that's a PI
also with these drive by CCTV cars they do not know if an exemption might apply. Why did you stop there

Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #2 on: »
My father wanted to go shopping, so I drove for him and stopped outside the shop to let him out and help him inside. (Single yellow line, single yellow kerb marks and signed "no loading at any time").

I then went back into the car and drove it over 200 yd. away to the nearest available parking space.

In the intervening period (a minute or two), an enforcement car drove past taking video and photos of his car.

I always assumed it was legal to stop safely on single and double yellow lines in order to let out a disabled pensioner, regardless of loading restrictions.

Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #3 on: »
It is

Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #4 on: »
Any suggestions for how to respond would be most appreciated.

It is 11 days after the date of issue.

Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #5 on: »
I am (your name ) of (your address) and make representations against PCN number (insert number) on the following statutory grounds

1:- That the alleged contravention did not occur

I claim the boarding/alighting exemption afforded to motorists on yellow lines and also kerb blips I stopped my vehicle to allow my disabled father to alight. Due to his disability (show some form of evidence here) i had to assist him into the shop (name of shop) when he was safely inside i returned to my vehicle and moved it to park (say where you parked) before returning to further assist my father

2:-There has been a procedural impropriety on the part of the council

Regulation 3(4)(e) of the general regulations requires that a PCN does notify the recipient as below

 (e)where the penalty charge notice is served by virtue of regulation 10(1)(a) of the General Provisions Regulations(1), a statement of the effects of paragraph (5) and (6).

3(5)and 3(6) are as follows

(5) The recipient of a penalty charge notice served under regulation 10(1)(a) of the General Provisions Regulations may, by notice in writing to the enforcement authority, request it—

(a)to make available at one of its offices specified by the recipient, free of charge and at a time during normal office hours so specified, for viewing by the recipient or by a representative, the record of the road traffic contravention produced by the approved device pursuant to which the penalty charge was imposed; or
(b)to provide the recipient, free of charge, with such still images from that record as, in the authority’s opinion, establish the road traffic contravention.

(6) Where the recipient of the penalty charge notice makes a request under paragraph (5), the enforcement authority must comply with the request within a reasonable time.

This information is not conveyed by the PCN and a PI is made out

Statutory grounds for cancellation have been met and the PCN should be cancelled by return
 

Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #6 on: »
Many thanks for all this, it's most appreciated.

Regarding regulation 3(5). Would this not be satisfied by the still images on the first page?

There is a supposed link to video on the 5th page. However, after going to the site the options are "challenge a PCN" or "Pay a PCN". After clicking the first option, there's a further 2 options: "start informal challenge" or "start formal representation". Neither page makes any mention about being able to watch a video or how one would go about it.

Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #7 on: »
Many thanks for all this, it's most appreciated.

Regarding regulation 3(5). Would this not be satisfied by the still images on the first page?

There is a supposed link to video on the 5th page. However, after going to the site the options are "challenge a PCN" or "Pay a PCN". After clicking the first option, there's a further 2 options: "start informal challenge" or "start formal representation". Neither page makes any mention about being able to watch a video or how one would go about it.
IT is not what they supply, it is what they are required to say on the PCN.

Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #8 on: »
The PCN must tell you and it doesn't it is a postal PCN so formal challenge is all you get then on to the tribunal where your chances are good

Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #9 on: »
Many thanks for clarifying, I will submit it online to-morrow.

Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #10 on: »
Many thanks for clarifying, I will submit it online to-morrow.

Start with what you told us.
ie you stopped for the purpose of assisting your disabled dad into a shop where he could wait in safety while you moved the vehicle to a suitable parking spot.

Remember that time allowed is as long as needed but not one second more so no daft comments like stopping for a chat or to help him chose a pair of socks

Re: Swansea, code 02J Loading restrictions, St Helens Road
« Reply #11 on: »
Yes, that's exactly what happened. The stop was just to allow him to get to the shop as he can't walk hundreds of yards.

I broadly intend to use the wording posted by Pastmybest.
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